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Terms & Conditions

Effective Date: January 10, 2021


The use of this website and services on this website provided by 1st-certified Ltd (company number 08939430), registered office: 16 Tudor Lodge, 49 Holden Road, Barnet, London, England, N12 7EJ (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any goods or services provided by or on this Website.

The Website provides an online marketplace for the Buyers to purchase goods (“Items”) from appropriately qualified sellers (“Seller”). 1st-certified.com is not involved in the transaction. In the event of a sale of any Item, the sale is made directly between the Buyer and the Seller and is governed by this Terms and conditions.


The parties referred to in this Agreement shall be defined as follows:

  1. Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees of the Company.
  2. You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
  3. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.


By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.


You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.

The Website is provided mainly for antique professional buyers, private collectors and dealer and resellers of antique and collectable merchandises (references in these Terms and Conditions to "buyer" or "the buyer") who have experience with, and who are accustomed to, buying Items based on photographs. By clicking on the "Login / Register" button, you represent and warrant that you either have an adequate degree of knowledge in antique and collectable merchandises, or have access independently to professional advice and assistance, and have experience in buying Items based on photographs.

We anticipate that some non-professional users or first-time buyers might be interested in purchasing products from our website, we encourage these users to refer to Oxford Authenticity or BADA certificate when considering their purchase. Oxford Authenticity reports are regarded highly in the antique world and recognized as a stamp of endorsement from museums, auction houses, and even courts of law. BADA certificates are issued by the British Antique Dealers Association, the leading trade association in the antique industry in the UK.


The Company may provide You with certain information as a result of Your use of the Website. Such information may include, but is not limited to, documentation, data, or information developed by the Company or by third parties, and other materials which may assist in Your use of the Website ("Company Materials"). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

The role of 1st-certified.com is expressly limited to making the Website available and maintaining the Website for Sellers, Buyers, and Users. 1st-certified.com is an intermediary and not an agent or fiduciary for any Seller, Buyer or User for any purpose.

1st-certified.com may, but is not obligated to, provide intermediary services between the Buyer and Seller in connection with customer service or dispute resolution matters. In the event 1st-certified.com elects in its sole discretion to provide intermediary services, then the decision of 1st-certified.com is final and binding on all parties and cannot be appealed, challenged or reversed.

The Website is designed to provide the Buyer access to Items as Seller represent them. Accordingly, 1st-certified.com is not responsible for the actual sale of any Item and does not control the information provided by Sellers, Buyers, or Users, nor their acts or omissions. 1st-certified.com does not accept responsibility for the delivery of, or transfer of title of any Item purchased through the Website. 1st-certified.com neither accepts responsibility, nor is it liable in any manner for any negligence, misconduct or other inappropriate, unlawful or unprofessional behaviour by the Seller in connection with any sale transaction entered into on or through the Site.

1st-certified.com is independent of the Seller, Buyer and User, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the operation of this Site by 1st-certified.com.


You agree that the Website provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.


As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.


You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

You further agree not to use the Website or Services:

  • to harass, abuse, or threaten others or otherwise violate any person's legal rights;
  • to violate any intellectual property rights of the Company or any third party;
  • to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  • to perpetrate any fraud;
  • to publish or distribute any obscene or defamatory material;
  • to publish or distribute any material that incites violence, hate, or discrimination towards any group; and
  • to unlawfully gather information about others.

You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

You agree not to undertake any of the following actions:

  • Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
  • Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.


The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives and distributes a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.


Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United Kingdom and any other country where We may operate.

  1. Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
  2. How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
  3. How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.


The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

All Items displayed on the Site are offered for sale subject to availability. Some Items displayed on the Site are unique and are offered by Sellers that usually have retail opportunities for the sale of the Item independent from 1st-certified.com, and therefore some Items may no longer be available.

Buyers are aware that the word "antique" shall mean an object which was manufactured more than one hundred years prior to the date on which it is offered for sale and that unless otherwise clearly stated, the Items on this Website are not new or in perfect condition, and that the available information about these Items may be limited.

Ist-Certified.com has a Strict ‘No Fake Policy’ in place in order to protect customer’s interest, the reputation of dealers and the website. Our No Fake Policy means no item may be offered for sale on 1st-Certified.com described as original but is in fact either a modern copy or reproduction of the original. An exception to this rule is that if a copy was produced more than one hundred years ago it’s still complied with the concept of ‘antique’. But it must be stated expressively of its real age. Any breach of this rule may result in termination of seller’s account at the website’s sole discretion, and the website will not be liable to any Seller, User, or Buyer or any other third party because it has terminated the seller’s account and withdrawn the seller’s Items from the Site, amended any of the content or denied access to the Site.

The Seller of each Item offered for sale on the Website has represented to 1st-certified.com that the Seller is the sole owner of each Item being offered for sale on the Website, or that the Seller is duly authorized by the owner of the Item to sell the Item and that the Seller will transfer ownership of the Item to the Buyer, free from any claims by third parties. The Seller has represented to 1st-certified.com that the Seller will convey the title of each Item to the Buyer upon receipt by 1st-certified.com of their Sales Price for the Item.

The Buyer is entirely responsible for paying all applicable sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to each Item purchased (collectively, “Taxes”). The Buyer shall pay the Seller such Taxes as the Seller is required to collect, but failure of the Seller to collect the Taxes will not relieve the Buyer’s obligation. The Buyer must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Item from its country of origin and import into the United Kingdom or any other country. In the event that an exemption applies, it is the Buyer’s sole responsibility to establish and/or document any applicable exemption from Taxes.

All Items displayed on the website are sold "AS IS". Neither the Seller nor 1st-certified.com makes any guarantee, warranty or representation, expressed or implied, to any Buyer with respect to any Item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Neither the Seller nor 1st-certified.com makes any representation or warranty as to whether the Buyer acquires any reproduction rights or other intellectual property rights in any Item.


You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. Buyers can purchase an Item at the original price published on the Website or can make an offer to purchase the Item directly through the Website’s checkout page if negotiation is available for the Item.

When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For the sale of physical products, the Website will charge the Buyer’s card whenever Buyer makes a purchase at the original price or whenever Buyer places an offer. If the offer is eventually turned down by the Seller, the Seller will refund the Buyer the offered amount. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances.

Authentication Testing & Expert Review.

  1. If the Buyer purchased an Item based on its stated provenance, designer or creator, the Buyer may, at its discretion and at its own cost, arrange with the Seller to have Buyer’s selected authentication testing and expert review that is available on the Website. You agree that we make no warranty or representation and we accept no responsibility or liability of any kind for such Professional Authentication and Buyer expressly acknowledges that the Buyer's use and/or reliance on such Professional Authentication is at the Buyer's own risk.
  2. Professional Authentication normally takes one to two weeks. The preliminary results will be uploaded on the Site. Original reports will be posted to the Buyer, or delivered together with the product.

Right of Cancellation. [European Union]

  1. This subsection applies where: (i) the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions, applies to a consumer based in the European Union (“EU Consumer”); and (ii) none of the express exclusions set forth below apply. Where this subsection applies, the EU Consumer has the right to cancel its order without giving a reason within 14 days from the day on which the EU Consumer or its designated recipient receives an Item (“Cancellation Period”). The EU Consumer must inform 1st-certified.com, or the Seller, of its decision to cancel the order in writing (including by email) within this period. The Seller will refund all payments received from the EU Consumer/1st-certified.com for the Items purchased and the EU Consumer shall incur no fee as a result of such refund. Any refund may be withheld until the Seller has received the Items back from the EU Consumer. The EU Consumer must send back the Item following the instructions of the Seller (but in all cases the EU Consumer will be given at least fourteen (14) days to return the Item from the date of cancellation), and the EU Consumer will be required to bear the cost of returning any Item to the Seller. The Seller may make a deduction from the refund for loss in value of the Item returned due to the EU Consumer’s handling of the Items beyond what is necessary to establish the nature, characteristics and functioning of the Item. No restocking fees will be applied to refunds under this subsection. The right of cancellation does not apply to: (A) the supply of any Item made to the Buyer’s specifications; (B) the supply of any Item which may deteriorate or expire rapidly; (C) the delivery of any Item which is not suitable for return due to health protection or hygienic reasons if unsealed by the Buyer after delivery, or which are, after delivery, mixed inseparably (according to their nature) with other items; (D) the delivery of sealed video or audio recordings or of sealed software if unsealed by the Buyer after delivery; and (E) the supply of digital content if the Buyer accepted when it placed the order that delivery could be started and that the Buyer could not cancel once delivery had started, or other statutory exceptions.
  2. To exercise this right of cancellation, an EU Consumer must send written notice during the Cancellation Period to EU Consumer Rights, 1st-certified Ltd, 49 Holden Road, London N12 7EJ or email us at admin@1st-certified.com with the subject line “EU Consumer Rights.” The notice should state your name, residential address, contact details and email address, 1st-certified account number, invoice number, Item Number, date of delivery to your possession, and that you wish to exercise the EU Consumer Rights Directive right of cancellation.
  3. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: customer@1st-certified.com.

Import/Export Restrictions

  1. Some of the Items sold on the website may require cultural, customs and endangered species permits for export from the country where they are located and import into the Buyer's country. Items may also be subject to the right of the country from which they are exported to purchase the Items from the Buyer, sometimes called a "right of preemption". Neither the Seller nor 1st-certified.com makes any representation, gives any warranty or shall have any liability to the Buyer in respect of the requirement for, or the availability, or issuance of valid export or import permits or the existence or exercise of preemption rights to purchase by governmental or regulatory authorities anywhere.
  2. If the listing of any Item on the Website discloses that the Item requires a cultural export permit or the Seller, or 1st-certified.com disclose such requirement after confirmation of the sale but before the shipper picks up the Item, or the Buyer first learns that an export permit is required after the Item has been picked up by the shipper, and the Seller is unable to obtain the export permit within thirty (30) days after the later of confirmation of the sale or disclosure of the requirement for the export permit, the Buyer may rescind the sale of such Item by giving written notice to 1st-certified.com within seven (7) business days after expiration of the applicable thirty (30) day period. In no event shall the Buyer be entitled to rescind a sale more than ninety (90) days after the date of the sale to the Buyer. If the sale is rescinded, the Buyer shall cause the affected Item to be returned to the Seller. Upon such return, 1st-certified.com will use reasonable efforts to make consent with the Seller to return to the Buyer the Total Purchase Price. The benefit of this right of rescission is not assignable and belongs solely to the Buyer.


The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.


The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.


The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.


The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

  1. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
  2. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.


1st-certified.com will publish on the Website various text, pictures, images audio recordings, and video that have been supplied, owned, or licensed by the Sellers (“Seller Content”) and for which Sellers have provided an appropriate license for publication by 1st-certified.com.

We respond to notices of alleged copyright infringement as required by the Copyright, Designs and Patents Act 1988, the current UK copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 1st-certified.com with the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Website can be reached as follows: 1st-certified Ltd, 49 Holden Road, London N12 7EJ. If you become aware that material appears on this Webite in violation of a copyright please notify us by mail at the aforementioned address or by email at admin@1st-certified.com. We have adopted and implemented a policy that provides for notification to Sellers and/or Site users of claims of infringement and for the termination of Sellers/Site users who are repeatedly and credibly accused of copyright infringement, and we may terminate this Agreement as against a Seller who is a repeat infringer.

Restoration of Removed Content: If a User/Seller which posted content believes that their content was removed or disabled by mistake or misidentification, the User/Seller may send us (via mail or email at the addresses in the preceding paragraph) a written counter-notification which includes the following: (i) your electronic or physical signature; (ii) a description of the content that was removed and where the material that has been removed or disabled was located on the Site before it was removed/disabled; (iii) your name, address, telephone number, and e-mail address; (iv) a statement by you, made under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (v) a statement that: 1) you consent to the jurisdiction of the Intellectual Property Office and 2) that you will accept service of process from the person who provided notification of infringement or an agent of such person. We may, after investigation and based upon our findings, restore the removed or disabled content following ten (10) business days from the date that we received a proper written counter-notification, but will not do so if (among other potential reasons) our copyright agent first receives notice that a court action has been filed to restrain us or you from engaging in infringing activity related to the removed or disabled content.


The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.


The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred (£100) GBP. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis.

The Company makes no representation or warranty of any kind, express or implied, with respect to the Site, any Item(s) offered for sale or sold on or through the Site, or any Seller, including without limitation: (i) any representation or warranty regarding the character, reputation or business practices of the Seller; (ii) any representation or warranty with respect to title to or delivery of any Item; (iii) any representation or warranty with respect to intellectual property rights in any Item; (iv) any representation or warranty concerning the availability, accuracy, completeness, usefulness, or content of information; (v) any representation or warranty of title, non-infringement, merchantability or fitness for a particular purpose; or (vi)  any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the User’s computer monitor.

The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

Any Buyer must direct all claims regarding any Item to the Seller and must resolve any dispute regarding any Item directly with the Seller.

The Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of Sellers on or through the Site. The Company is not a party to any transaction between Buyers and Sellers (unless specifically requested and notified to the parties in writing).


  1. LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
  2. JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of England shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions.
  3. GOOD FAITH RESOLUTION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith.
  4. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
  5. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  6. NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  7. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  8. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
  9. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  10. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: customer@1st-certified.com.


This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

If the Chinese translation conflicts with English terms, the English Terms & Conditions prevail.